Alector, Inc. et al v. Prevail Therapeutics Inc.
Petitioner: Alector, Inc. and Alector LLC
Respondent: Prevail Therapeutics Inc.
Case Number: 1:2019mc00300
Filed: November 12, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 09:1
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2019 Filing 29 REDACTED VERSION of #22 Reply Brief, by Prevail Therapeutics Inc.. (Bayliss, A.)
December 2, 2019 Filing 28 REDACTED VERSION of #20 Declaration, by Alector LLC, Alector, Inc.. (Attachments: #1 Exhibit 13-20)(Wilson, Samantha)
December 2, 2019 Filing 27 REDACTED VERSION of #19 Reply to Response to Motion by Alector LLC, Alector, Inc.. (Wilson, Samantha)
December 2, 2019 Filing 26 REDACTED VERSION of #16 Declaration,, by Prevail Therapeutics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bayliss, A.)
December 2, 2019 Filing 25 REDACTED VERSION of #15 Answering Brief in Opposition, by Prevail Therapeutics Inc.. (Bayliss, A.)
December 2, 2019 CASE CLOSED (ntl)
December 2, 2019 Opinion or Order Filing 24 ORAL ORDER: Having reviewed Alector's Petition to Compel Compliance with Arbitrator's Subpoena (D.I. 2), and Prevail's Motion to Quash (D.I. 17), as well as all associated briefing and submissions (see, e.g., D.I. 15, 16, 19, 20, 22, 23), IT IS HEREBY ORDERED that Alector's Petition (D.I. 2) is GRANTED, pursuant to 9 U.S.C. 7 and Prevail's Motion (D.I. 17) is DENIED. The Arbitrator's Subpoena is enforceable and consistent with Third Circuit precedent, see Hay Grp., Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404, 407 (3d Cir. 2004), as it requires that a non-party witness "bring" documents with her in connection with providing testimony at a pre-arbitration hearing. Given the overall circumstances, including the serving of an earlier subpoena and the course of communications between Alector and Prevail, the Court is not persuaded it should quash the subpoena as unreasonable, unduly burdensome, or somehow an improper end-run around the Federal Arbitration Act. IT IS FURTHER ORDERED that: (i) Alector, Prevail, and Dr. Abeliovich SHALL work with the Arbitrator to schedule a new hearing date, which shall also be the date for compliance with the subpoena; (ii) all specific objections by Prevail to particular document requests SHALL be resolved by the Arbitrator, who is far more familiar with the dispute, particularly as it appears that Prevail's objections are intertwined with discovery issues already pending before the Arbitrator (i.e., Dr. Abeliovich's obligation to produce certain Prevail-related documents); and (iii) the unopposed motion to file under seal (D.I. 1) is GRANTED. ORDERED by Judge Leonard P. Stark on 12/2/19. (ntl)
December 2, 2019 Opinion or Order SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Richard D. Batchelder, Jr. filed by Prevail Therapeutics Inc. Signed by Judge Leonard P. Stark on 12/2/19. (ntl)
November 26, 2019 Filing 23 REQUEST for Oral Argument by Prevail Therapeutics Inc. re #2 MOTION to Compel, #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash. (Bayliss, A.)
November 26, 2019 Filing 22 [SEALED] REPLY BRIEF re #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash /[SEALED] Prevail Therapeutics, Inc.'s Reply Memorandum in Further Support of its Motion to Quash filed by Prevail Therapeutics Inc.. (Attachments: #1 Certificate of Service)(Bayliss, A.)
November 26, 2019 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Richard D. Batchelder, Jr. - filed by Prevail Therapeutics Inc.. (Attachments: #1 Certification of Richard D. Batchelder, Jr., #2 Text of Proposed Order)(Bayliss, A.)
November 25, 2019 Filing 20 [SEALED] DECLARATION re #19 Reply to Response to Motion [DECLARATION OF JAYSON L. COHEN IN FURTHER SUPPORT OF ALECTOR, INC. AND ALECTOR LLC'S PETITION TO COMPEL COMPLIANCE WITH ARBITRATOR'S SUBPOENA AND IN OPPOSITION TO PREVAIL THERAPEUTICS INC.'S MOTION TO QUASH] by Alector LLC, Alector, Inc.. (Gaza, Anne)
November 25, 2019 Filing 19 [SEALED] REPLY to Response to Motion re #2 MOTION to Compel, #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash filed by Alector LLC, Alector, Inc.. (Gaza, Anne)
November 25, 2019 Pro Hac Vice Attorney Jayson L. Cohen for Alector LLC and Alector, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
November 25, 2019 Opinion or Order SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs filed by Alector LLC, Alector, Inc. Signed by Judge Leonard P. Stark on 11/25/19. (ntl)
November 22, 2019 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs - filed by Alector LLC, Alector, Inc.. (Wilson, Samantha)
November 22, 2019 Pro Hac Vice Attorney Bryan Wilson for Alector LLC and Alector, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
November 21, 2019 Filing 17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash - filed by Prevail Therapeutics Inc.. (Attachments: #1 Text of Proposed Order)(Bayliss, A.)
November 21, 2019 Filing 16 [SEALED] DECLARATION re #15 Answering Brief in Opposition, /[SEALED] Declaration of A. Thompson Bayliss, Esq. in Support of Prevail Therapeutics, Inc.'s Memorandum of Law in Opposition to Alector, Inc. and Alector LLC's Petition to Compel Compliance with Arbitrator's Subpoena and in Support of its Motion to Quash by Prevail Therapeutics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Bayliss, A.)
November 21, 2019 Filing 15 [SEALED] ANSWERING BRIEF in Opposition re #2 MOTION to Compel /[SEALED] Prevail Therapeutics, Inc.'s Memorandum of Law in Opposition to Alector, Inc. and Alector LLC's Petition to Compel Compliance with Arbitrator's Subpoena and in Support of its Motion to Quash filed by Prevail Therapeutics Inc..Reply Brief due date per Local Rules is 12/2/2019. (Attachments: #1 Certificate of Service)(Bayliss, A.)
November 21, 2019 Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Prevail Therapeutics Inc.. (Bayliss, A.)
November 21, 2019 Opinion or Order SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Bryan Wilson and Jayson L. Cohen filed by Alector LLC, Alector, Inc. Signed by Judge Leonard P. Stark on 11/21/19. (ntl)
November 20, 2019 Filing 13 AFFIDAVIT of Service for Summons served on Counsel for Prevail Therapeutics Inc. on November 13, 2019, filed by Alector LLC, Alector, Inc.. (Wilson, Samantha)
November 20, 2019 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
November 19, 2019 Filing 12 REDACTED VERSION of #4 Declaration, by Alector LLC, Alector, Inc.. (Gaza, Anne)
November 19, 2019 Filing 11 REDACTED VERSION of #3 MOTION Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel by Alector LLC, Alector, Inc.. (Gaza, Anne)
November 19, 2019 Filing 10 REDACTED VERSION of #2 MOTION to Compel by Alector LLC, Alector, Inc.. (Gaza, Anne)
November 14, 2019 Opinion or Order Filing 9 ORAL ORDER: Having reviewed Alector's Motion to Expedite Response and Proceedings Related to the Petition to Compel (D.I. 3), IT IS HEREBY ORDERED that the Motion to Expedite is GRANTED. By no later than November 21, 2019, Prevail shall file with the Court any response and request for affirmative relief related to Alector's Petition to Compel Compliance with Arbitrator's Subpoena ("Petition") (D.I. 2). By no later than November 25, 2019, Alector may file a reply in support of its Petition and any response to Prevail's request for affirmative relief. If Prevail files a request for affirmative relief, it may file a reply in support of its filing by November 26, 2019. Ordered by Judge Leonard P. Stark on 11/14/2019. (etg)
November 13, 2019 Filing 8 Letter to The Honorable Leonard P. Stark from A. Thompson Bayliss, Esq. regarding Motion to Expedite Response and Proceedings Related to the Petition to Compel - re #3 MOTION Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel. (Bayliss, A.)
November 13, 2019 Filing 7 NOTICE of Appearance by A. Thompson Bayliss on behalf of Prevail Therapeutics Inc. (Bayliss, A.)
November 12, 2019 Remark : Exit copies to Duty Judge (LPS). (rwc)
November 12, 2019 Summons Issued with Magistrate Consent Notice attached as to Prevail Therapeutics Inc. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (rwc)
November 12, 2019 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Bryan Wilson and Jayson L. Cohen - filed by Alector LLC, Alector, Inc. (rwc)
November 12, 2019 Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alector, Inc. for Alector LLC filed by Alector LLC. (rwc)
November 12, 2019 Filing 4 [SEALED] DECLARATION of Jayson L. Cohen in support re #2 PETITION to Compel by Alector LLC, Alector, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(rwc)
November 12, 2019 Filing 3 [SEALED] MOTION to Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel - filed by Alector LLC, Alector, Inc. (rwc)
November 12, 2019 Filing 2 [SEALED] PETITION to Compel Compliance with Arbitrator's Subpoena - filed by Alector LLC, Alector, Inc. (rwc)
November 12, 2019 Filing 1 UNOPPOSED MOTION for Leave to File Under Seal Petition to Compel Compliance with Arbitrator's Subpoena - filed by Alector LLC, Alector, Inc. (Attachments: #1 Exhibit 1, #2 Cover Letter, #3 Civil Cover Sheet)(rwc) .(Miscellaneous Filing Fee $47.00 Paid. Receipt No.: 32645).

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Petitioner: Alector, Inc.
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: Jayson L. Cohen
Represented By: Bryan Wilson
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Petitioner: Alector LLC
Represented By: Anne Shea Gaza
Represented By: Samantha G. Wilson
Represented By: Jayson L. Cohen
Represented By: Bryan Wilson
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Respondent: Prevail Therapeutics Inc.
Represented By: A. Thompson Bayliss
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